905.08 PROCEDURE FOR OPENING ALLEYS.

   (a)   A written petition must be signed by a majority (51%) of the owners of the property which is contiguous to the alley or portion of the alley which the owners wish to have opened. The petition must include a copy of the most current survey and the survey must be signed by a majority (51%) of the owners of the property.

   (b)   The City will provide at City expense all materials, excavation and maintenance for a stone alley, up to a three inch sub-base. Total thickness will be a minimum five inch sub-base up to a maximum of a ten inch sub-base depending upon type of traffic in that alley. Total thickness will be determined by the Safety/Service Director. Petitioner will be responsible for cost above the three inch sub-base.

   (c)   The property owners who have requested the opening shall pay for the:

      (1)   Survey of the alley,

      (2)   The moving of any structure, trees, bushes, etc., that the survey shows on City right of way,

      (3)   Any utility poles (AEP, telephone, cable, etc) that the survey shows on City right of way are the responsibility of the utility company. Any underground utilities that may need moved. The property owner is responsible for any expenses incurred for this.

      (4)   If the property owners requesting the opening of the alley wish to have an asphalt (hot mix) paved alley, the cost of paving will be borne by the property owner not by the City. The alley will be done to City specifications. The City will maintain alley.

      (5)   The property owners requesting the opening of the alley will pay for the cost of (tar and chip) said alley. The City will maintain alley.

      (6)   An alley that is not a through alley and is used as a private drive, City maintenance will not plow snow.

   (d)   All petitions will be reviewed and an estimate of cost given to the property owners prior to any work being done by the City. If agreeable between property owner and the City, the estimate will be signed by both parties before any work is done.

   (e)   All other costs associated with opening the alley will be paid for by the property owner(s).
(Ord. 2000-09. Passed 3-27-00.)